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01-09-2007 The Qty of AVentura .- "",,,y MINUTES CITY COMMISSION MEETING JANUARY 9, 2007 Aventura Government Center 19200 W, Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6:05 p.m. following the Local Planning Agency meeting. Present were Commissioners lev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Harry Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led during LPA. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Mr. Soroka announced that this is Police Chief Thomas Ribel's last meeting as he is retiring and thanked him for his over ten years of service to the City in that capacity. The following employees and volunteers were honored for their participation in the Holiday Toy Drive which Chief Ribel noted was an overwhelming success: Rita Noa, Ernie Long, Michelle Augustine, Una Gossy, Julia Curbelo, Donna Mussatto, Sonia Harrison, Mary Smith, Olga Burns, Gail Fishman, Judy Appelgren, Bonnie Gittlin, Danielle Gittlin, Larry Thornberg, Ellen Thornberg, Bernie Gordon, Delores Gordon and Ana Maria Gordon. Ten-year employee service awards were presented to James Cumbie, Glenn Kaptaine, Alan J. Levine and Ana C. Theallet (not present at the meeting). 5. CONSENT AGENDA: Mayor Gottlieb requested removal of item 5-C. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Stern, seconded by Commissioner Weinberg, unanimously passed and the following action was taken: A. The following minutes were approved: November 8, 2006 Commission Meeting November 16,2006 Special Meeting November 16,2006 Workshop Meeting B. Resolution No. 2007-01 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 07 -12-8-2, YACHT CLUB DRIVE MILLING AND RESURFACING, TO WEEKLY ASPHALT PAVING, INC. AT THE BID PRICE OF $253,357.00. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. D. Mr. Weiss read the following ordinance by title which was approved on first reading: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007 FISCAL YEAR BY REVISING THE 2006/2007 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. The following item was removed from the Consent Agenda and addressed separately: C. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF PGAL IN ASSOCIATION WITH WILLIAM RAWN ASSOCIATES, ARCHITECTS, TO PERFORM ARCHITECTURAL AND ENGINEERING SERVICES TO PLAN, DESIGN AND PERMIT THE MIAMI-DADE COUNTY NORTHEAST LIBRARY BRANCH AND THE CITY OF AVENTURA PERFORMING ARTS CENTER RELATIVE TO RFQ NO. 06-9-22-2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH AN ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Diamond. Mr. Soroka explained this selection process. The motion passed unanimously and Resolution No. 2007-02 was adopted. 6. ZONING HEARINGS: None 2 7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Weiss read the title to the following ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-171 (e) "DRIVE THROUGH SERVICE WINDOWS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, TO REVISE REQUIRED VEHICLE STACKING SPACES FOR GATEHOUSES AND CONTROLLED ENTRIES AND TO PROVIDE THE MINIMUM REQUIRED SIZE OF VEHICLE STACKING SPACE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Stern, and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 8. ORDINANCES: SECOND READING: PUBLIC HEARING: A. Mr. Weiss read the following ordinance by title and noted the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding meeting addressing this ordinance on July 11, 2006: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE 2005 EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS TO THE CITY OF AVENTURA COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL TO REVIEW AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Planning Director Joanne Carr addressed the Commission. A motion for approval was offered by Commissioner Joel, and seconded by Commissioner Weinberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2007-01 was enacted. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2005-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2005/2006 FISCAL YEAR BY REVISING THE 2005/2006 FISCAL YEAR OPERATING AND 3 CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel, and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2007-02 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: None. At the Mayor's request, Mr. Soroka provided an update on ongoing Capital Improvement Projects. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Mildred Husack, 20201 NE 29th Court; Reverend Will Keyser; Chief Ribel; Sheryl Berkowitz, 21385 Marina Cove Circle; and Tania Villa, 1980 N E 185th Street. 12. OTHER BUSINESS: Mayor Gottlieb announced the next Workshop Meeting is scheduled for January 24, 2007 at 9 a.m. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:02 p.m. Approved by the Commission on Febru Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such pUrPOSe, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, 4